The Case Story - Your Vomiting Vacation at Villapiano's Italian Eatery.

You are enjoying your vacation sipping wine in Villapiano's Italian Eatery enjoying your pasta primavera when you hear the bartender, Sammy Scattered, say to the obviously drunken patron, Jenny Gin, "I don't know, I think you have had enough. Maybe I should call you an Uber. Can I do that for you?"

Suddenly everyone's attention turns to the owner, Victor Villapiano, who is yelling at the man two tables over.

"Not you again..." he yells as he grabs the famous local newspaper columnist Felix Foodcritic by the back of his collar and lifts him up. "I told you to never come back to my restaurant!"

Felix struggles and says, "I am just giving you another chance to redeem yourself from the disgusting food you fed me last time. I was sick for a week!"

You grab your phone and start snapping pictures of the action.

Victor drags him to the kitchen saying," I told you clearly, you are not welcome in my restaurant. I told you to never come back in here. You are just trying to extort free meals from me you criminal! You wouldn't know a good fettuccine sauce if I cooked you in it - maybe I will do just that!"

And with that, he pushed him into the kitchen. Victor opened the walk-in freezer door and pushed Felix inside. He closed the door and told Connor Connoisseur, the chef, to call the police.

"Gladly," says Connor listening to Felix bang on the locked freezer door.

Felix and Victor are referring to a Tuesday evening last month when Felix came to give a review on the restaurant. People had raved about Villapiano's incredible fettuccine sauce and Felix thought he could give it a try. So, he called Victor and arranged to "be his guest" that night to enjoy the fettucine and the tiramisu.The crowd was small, but that let Victor give him extra personal service.

Unfortunately, that day, the restaurant was short staffed and when the dairy products were delivered that morning, Billy Busboy who would also fill in as a sous chef when needed, forgot to bring the dairy order in and place it in the cooler. The dairy - key ingredients for fettucine and tiramisu - was allowed to sit in the hot sun from 8 am until nearly 4 pm that day. Billy put it in the cooler before anyone noticed and didn't tell Chef Connor Connoisseur that maybe there might be a risk.

With everyone focused on the commotion, Jenny Gin gets up and leaves. Reaching into her purse and getting her car keys, she says, "I know where I can get a drink!" Sammy was about to stop her when there is a scream.

Sitting in the window table, is Old Mrs. Donahue. She screams and says, "Oh my goodness - There is a snail in my Villapiano's Home Brewed Ginger beer!" She covers her mouth and begins to gag. She holds up the bottle and everyone can see the snail at the bottom. Victor brews his own ginger beer and bottles it in the basement.

Hearing this, Nancy Nauseous screams, "I think I am going to puke!" Then her partner sitting at Table 3, Wilma Weakstomach, begins to wretch and then vomits on the floor.

Billy Busboy runs out of the kitchen with a mop and bucket to clean up the mess, but leaves the bucket in the aisle, where you trip over it as you run to the bathroom because you feel sick.

Victor reaches down to help you up, but you are afraid he is going to hurt you. You jump up and yell," Get me out of here!" You run out the door without paying.

When you are finally safe in your car, you immediately start posting pictures of the chaos on your twitter account and you put in your very critical review on yelp telling the story of your Vomiting Vacation at Villapiano's Italian Eatery. You use words like "dump," "filthy," "violent," and "disgusting," even though, until the chaos started, you thought the food was great and the drinks were tasty.

When the action settles and everyone leaves, Victor begins to stress.

Business has not been so good lately. In fact, having just opened up after the Covid19 shutdown, he is three months behind on the mortgage to Heartless Bank Inc. They delivered a Notice of Default to him this morning, telling him they would be exercising all of their rights under the default provisions of the mortgage.

So, before this night of chaos, Victor was making a list of all the personal property in the restaurant that wasn't a fixture. He was thinking he could sell some stuff and try to put the mortgage in good standing. The freezer was built into the wall, but the fridge was just plugged in. Mixers and meat cutters just sat on the counter, but his pride and joy, the incredible gas grill and stove weighed thousands of pounds. It was attached to the wall by the gas pipes and bolted to the floor so it wouldn't move. He knew he could sell it for thousands and get by with a couple of small stoves until he got the business going again. But would he get in trouble with the Bank if he sold it?

Sometimes he just wanted to walk away from it all and move back to his home town in Italy. He could lock the place tonight and just leave...

Answer the questions directly, specifically, and in detailed legal language.

Part One - Intentional Torts - Worth 10 marks

Name any two intentional torts in the scenario.

Describe in detail the elements of each of those torts.

Describe in detail the facts in the scenario that give rise to each tort.

Describe in detail any defenses to the torts you have named.

Describe in detail the facts from the scenario that could give rise to any defenses.

Describe in detail the types of damages that have arisen and the approximate amounts of those damages.

Part Two - Unintentional Torts - Worth 10 marks

Name any two unintentional torts in the scenario.

Describe in detail the elements of each of those torts.

Describe in detail the facts in the scenario that give rise each element of each tort.

Describe in detail any defenses to the torts you have named.

Describe in detail the facts from the scenario that could give rise to any defenses.

Describe in detail the types of damages that have arisen and the approximate amounts of those damages.

Part Three - Real Property - Worth 10 marks

Explain in detail the four options of remedies the Bank has under the default of the mortgage.

Real Property is land and the fixtures. Explain in detail what "fixtures" are and the law related to them.

Using the facts in the case, and explaining your reasoning, explain in detail which items mentioned in the case are personal property and removeable and which are fixtures and need to remain in the property if Victor decides to leave or sell the property.